Living Trust

UPDATED: May 23, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 23, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Living Trust

My Mother put her house in a living trust in2001 and now she has dementia and will need to go to an assisted living/memory unit. My sibling and I will need sell her house what should happen to the money, go for her care or put in a trust until she passes?

Asked on May 23, 2009 under Estate Planning, Minnesota


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This will depend on a number of things, possibly, including how the trust is worded and whether she will need Medicaid to pay for her care.  You should talk to an attorney experienced in elder law, and have her or him review the trust document, before you go ahead with anything.  One place to find qualified lawyer is our website,

You cannot get Medicaid benefits unless you are basically out of money -- the last time I looked at this, the limit was $2,000, and depending on how the trust was set up, part of the value of the house might still be considered hers, for this purpose.  There is no way to change the result now, by selling the property to one of you or a relative, for less than it is worth, because Medicaid can "look back" up to three years for that sort of deal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption